I have recently seen lawyers struggling to determine what is relevant to their advice on climate risk. The debate focuses on the appropriate extent of enquiry. Each of these has been in relation to property related matters.

In the second half of 2023, a discussion document sponsored by Ministry for the Environment and Department of Conservation circulated for input. The topic was biodiversity credits. The paper investigated whether “a biodiversity credit system could help to incentivise the protection and restoration of native wildlife” in Aotearoa, and if it could, what such a system might look like. Submissions closed in November. Nothing further has been published yet.

The Chancery Lane Project has been a powerhouse in the development of climate clauses for use in legal documents throughout the world. Operating out of the UK, it has since its inception in 2019, developed and freely provided clauses for use by lawyers in a range of practice areas. These include clauses for use in property and construction documents.

Despite the world looking more closely at greenwashing, it is tempting to think that property transactions are unlikely to be impacted greatly by the enquiries. The focus is far more on consumables like food, drink, clothing and fossil fuels, rather than real estate. But that may not be wise. Better perhaps to look closely at what actions are being analysed and challenged and to consider how lessons learned in those industries might impact on property matters.

Drafting a contract provides a perfect opportunity to impact climate change. It is not difficult either. This article looks at everyday practical steps for property lawyers and their clients do exactly that.

Have you read New Zealand’s adaptation plan? Well done if you have because it runs to about two hundred pages. Its importance is clear though, as it sets the tone for over-arching change that we can expect as we react to risks from changes in the Earth’s climate.

As a property lawyer, how often does your mind turn to the impact of your advice on the rule of law? In the context of demanding clients, complex negotiations, and short deadlines how often do you take a moment to wonder whether the advice you are providing your client upholds the rule of law? Or whether it contributes to its systematic breakdown.

LCANZI used it in the wording of their proposed climate change resolution for consideration by NZLS. The Chancery Lane Project uses the phrase, but what does it mean to be ‘climate conscious’, and in particular, what does it mean to have a climate conscious legal practice?

The risks from flooding are not the only climate impacts that we as lawyers can address. In the absence of a specific agreement otherwise, there is a range of new matters that have become relevant to the provision of competent legal advice.

At least one sustainability development goal directly and undeniably impacts the day-to-day work of a property lawyer. Sustainable Development Goal 11 reads “Make cities and human settlements safe, resilient and sustainable”.

More and more I am asking questions before I spend my money – questions about the sustainability of the product or service I am buying. If there’s no positive response then, as often as I can, I shop elsewhere or I don’t buy.

From next year, you, your business and that of your clients will all need to operate within a budget; a national budget that measures the carbon your activities emit.

Lawyers look for precision. They examine information through a laser-focused lens, and analyse its impact from multiple angles. Sometimes this means the big picture gets lost. They’re busy too. Their brains are full every day, and for most of the day.